Non-Petition Agreement. The Purchaser covenants and agrees that it shall not, prior to the date which is one year and one day (or if longer, the applicable preference period then in effect) after the payment in full of all rated obligations of Xxxxxx’x Gate Residential Mortgage Trust, acquiesce, petition or otherwise, directly or indirectly, invoke or cause Xxxxxx’x Gate Residential Mortgage Trust to invoke the process of any governmental authority for the purpose of commencing or sustaining a case against Xxxxxx’x Gate Residential Mortgage Trust under any federal or state bankruptcy, insolvency or similar law or appointing a receiver, liquidator, assignee, trustee, custodian, sequestrator, or other similar official of Xxxxxx’x Gate Residential Mortgage Trust. This covenant and agreement shall be binding upon the Purchaser and any assignee or transferee of the Purchaser. The exercise and/or enforcement by the Purchaser of the obligations of Xxxxxx’x Gate Residential Mortgage Trust (as set forth in this Agreement) to (a) repurchase or substitute for Mortgage Loans or (b) indemnify the Purchaser, in each case, shall not constitute violations of the foregoing covenant;
Appears in 3 contracts
Samples: Mortgage Loan Flow Purchase, Sale & Servicing Agreement, Mortgage Loan Flow Purchase, Sale & Servicing Agreement (Thornburg Mortgage Securities Trust 2006-1), Mortgage Loan Purchase, Sale & Servicing Agreement (J.P. Morgan Mortgage Trust 2006-A1)
Non-Petition Agreement. The Purchaser covenants and agrees that it shall not, prior to the date which is one year and one day (or if longer, the applicable preference period then in effect) after the payment in full of all rated obligations of Xxxxxx’x Bishop's Gate Residential Mortgage Trust, acquiesce, petition or otherwiseotxxxxxxx, directly or indirectly, invoke or cause Xxxxxx’x Bishop's Gate Residential Mortgage Trust to invoke the process of any governmental axx xxxxxnmental authority for the purpose of commencing or sustaining a case against Xxxxxx’x Bishop's Gate Residential Mortgage Trust under any federal or state bankruptcyxxxxxxxtcy, insolvency or similar law or appointing a receiver, liquidator, assignee, trustee, custodian, sequestrator, or other similar official of Xxxxxx’x Bishop's Gate Residential Mortgage Trust. This covenant and agreement shall agreemexx xxxxx be binding upon the Purchaser and any assignee or transferee of the Purchaser. The exercise and/or enforcement by the Purchaser of the obligations of Xxxxxx’x Bishop's Gate Residential Mortgage Trust (as set forth in this AgreementAgrexxxxx) to xo (a) repurchase or substitute for Mortgage Loans or (b) indemnify the Purchaser, in each case, shall not constitute violations of the foregoing covenant;
Appears in 1 contract
Samples: Mortgage Loan Flow Purchase, Sale & Servicing Agreement (Sunset Financial Resources Inc)